Conventional termination of a private sector employee
Verified 26 June 2026 - Public Service / (Prime Minister)
The conventional break allows the employer and the employee to to break an agreement CDI: titleContent. A specific procedure must be followed: interview(s), procedural deadlines, request of approval by the administration. The termination agreement signed between the employer and the employee provides for the termination conditions and the specific compensation. After a contractual break, the employee can receive compensation from France Travail (formerly Job center). We're taking stock of the regulations.
Warning
One childminder cannot enter into a contractual break with the employer to terminate the employment contract.
Conventional rupture is a particular mode of rupture the employment contract of an employee in CDI: titleContent. It's not a dismissal, it's not a resignation.
The employer and the employee agree by mutual agreement the conditions of the termination of the employment contract.
The conventional break cannot be imposed by either party.
It cannot be concluded during the trial period.
The device of conventional rupture does not apply to employees in CDD: titleContent, in temporary employment contract (temporary) or in apprenticeship contract.
Please note
The individual employer and the employee can agree to a conventional break.
It does not exist no formalism regarding the request for a conventional break.
The request can be done orally (interview, telephone contact) or in writing (mail, mail, etc.).
A template letter is available to allow the employee to initiate the conventional termination procedure:
No. The employer or the employee is not obliged to respond to a request for a conventional termination.
For example, the employer is not obliged to respond to an employee's request, even if the latter is made several times by letter RAR: titleContent.
Depending on the situation, a conventional break may or may not be concluded.
Situations where conventional rupture is possible
It is possible to conclude a conventional break if the everyone's consent is free and informed.
For example, a contractual break may be concluded during the following periods of suspension of the employment contract:
- Disease
- Accident at work or occupational disease
- Maternity leave
- Parental Leave
- Sabbatical.
It is also possible to conclude a conventional break when the company encounters economic difficulties. In this case, conventional rupture should not be used to circumvent the economic dismissal procedure (for example, no reclassification search).
Situations where conventional rupture is not possible
The employer and the employee cannot agree on a conventional break if taken in any of the following cases:
- Conclusion under fraudulent conditions or in the absence of an agreement between the employee and the employer (for example, if the employee has been pressured or threatened to sign the contractual break)
- Proposal in the framework of a collective agreement on the forward-looking management of jobs and skills (GPEC) or a job protection plan (PES)
- Proposal in the framework of a collective agreement on the collective conventional rupture
- Individual contractual termination procedure aimed at circumventing the guarantees provided for the employee in terms of economic dismissal.
Yes. The employer and the employee must meet on the occasion ofat least one interview.
The agreement can be signed during this meeting. No time limit is imposed between the maintenance and the signing of the termination agreement.
The interview or interviews define the conditions of the termination (end date of contract, amount of compensation paid by the employer).
These conditions are essential for drafting the termination agreement.
No particular form is imposed concerning the summons of the employee to such interview(s). It is best to make a written statement in order to have proof of the invitation to negotiate the treaty break.
During this interview (or interviews), the employee can be assisted.
If the employee chooses to be assisted, the employer can then be assisted himself.
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Assistance of the employee
The regulations vary depending on whether or not staff representatives are present:
The company has no staff representatives
The notice must indicate that the employee can be assisted during the interview:
- Either by another employee belonging to the company
- Either by an outside adviser called advisor to employee.
The letter specifies the contact details of the town hall and the competent labor inspectorate for the company where the employee can find the list of advisers of the employee.
Warning
The address of the town hall is that of the employee's domicile if he resides in the same department as the one where the company is located, otherwise it is that of the town hall of the workplace.
The employee who chooses to be assisted must inform the employer before the scheduled date for maintenance (or interviews).
Please note
The name, surname and status of the assistant must be indicated in the form.
The company has staff representatives
The notice of meeting must state that he may be assisted during the interview by an employee belonging to the company (staff representative or not).
The employee who chooses to be assisted must inform the employer before the scheduled date of the interview (or interviews).
Please note
The name, surname and status of the assistant must be indicated in the form.
Assistance from the employer
The regulations vary depending on whether the employee is assisted or not:
The employee is assisted
The regulations vary depending on the company's workforce:
Less than 50 employees
During each interview, if the employee is assisted, the employer may be accompanied by one of the following persons:
- Person of his choice belonging to the company staff
- Member of his employers' union organization
- Other employer in the same branch.
If theemployer decides to be assisted during an interview, must inform the employee before the interview (written or oral).
50 or more employees
During each interview, if the employee is assisted, the employer may be accompanied by a person of his choice belonging to the staff of the company.
If theemployer decides to be assisted during an interview, must inform the employee before the interview (written or oral).
The employee does not receive assistance
The employer cannot be assisted if the employee is alone during the interview.
Please note
The employee of the individual employer cannot not be assisted. The individual employer may also not be assisted.
The procedure is different depending on whether the employee is protected or not:
General scenario
The employer or employee completes the online service form, it can be downloaded and printed even if it is not fully completed.
The form can be used during the interview(s).
After completing the requested information, it must be downloaded, printed in 3 copies and signed and dated by hand by the employer and the employee.
Entering an Individual Conventional Break Approval (TéléRC) online
If the employer or employee is not able to use the online service, it shall inform the DDETSPP: titleContent. He can then fill in the form cerfa no. 14598 of conventional rupture of a CDI and application form.
In the 2 cases, the form must specify the conditions of the rupture:
- Date of the end of the withdrawal period (right to change your mind about your decision)
- Date of termination of the employment contract, fixed at the earliest on the day following theapproval of the DDETSPP
- Amount of the specific compensation for breach of contract.
FYI
This form may be supplemented by annexes, for example as regards the non-compete clause.
Protected employee
The contractual termination agreement concerning a protected employee is not subject to approval, but to authorization from the labor inspector.
The TeleRC online service cannot be used.
The CSE: titleContent must be consulted for the following protected employees:
- Elected members of CSE
- Trade union representatives at the CSE
- Proximity representatives
- Employees with specific mandates.
Once the CSE opinion (favorable or unfavorable) is obtained, the employer and the employee CDI: titleContent may sign the application form for authorization to break a protected employee.
FYI
The form may be supplemented by annexes, for example as regards the non-compete clause.
Yes. At the time the termination agreement is concluded, the employer must give 1 copy of the contractual termination agreement dated and signed to the employee. The dates and signatures must be preceded by the words "read and approved".
FYI
Failure to comply with these obligations may enable the employee to obtain the cancelation of the contractual break and the payment of compensation for wrongful dismissal (without real and serious cause). The employee must enter the labor court council.
Yes. The employer and the employee have a right of withdrawal (right to change their mind about their decision) 15 calendar days.
The retracting party shall inform the other party by letter RAR: titleContent or by hand delivered letter against discharge. It is not obliged to give a reason for withdrawal.
The withdrawal period begins on the day after the date of signature of the Convention.
When the last day of the deadline falls on a Saturday, a Sunday, a public holiday or unemployed, it shall be extended until 1erbusiness day next.
One simulator allows the end date of the withdrawal period to be determined:
Calculate the withdrawal and approval periods to be respected for a conventional rupture
Please note
The end date of the withdrawal period shall be entered in the termination agreement.
No. No notice is provided for in the context of the contractual breach.
The employer and the employee must agree on a date of termination of the contract in compliance with the withdrawal period and the investigation period of the application forapproval of conventional rupture.
The simulator used to determine the date of withdrawal also makes it possible to calculate the minimum contract end date :
Calculate the withdrawal and approval periods to be respected for a conventional rupture
Please note
The contract end date is included in the agreement of breach of contract.
In the absence of withdrawal within the prescribed period, the agreement of termination must be sent to the DDETSPP: titleContent to get his approval.
The procedure for approving the agreement varies depending on whether the employee is protected or not:
General scenario
The employer or employee address the request forapproval of the breaking agreement using the RCTele online service.
This request may be addressed from the day following the end of the withdrawal period.
Entering an Individual Conventional Break Approval (TéléRC) online
When the employer or employee was unable to use the online service, it shall inform the DDETSPP: titleContent. The request forapproval of conventional rupture can then be carried out exceptionally by submitting the form cerfa no. 14598 which has been filled in. This form is preferably sent by letter RAR: titleContent or by hand delivered letter against discharge to the PSSRB.
Who shall I contact
The PSSRB has a 15 working days from the day following receipt of the request, to verify the validity of the agreement.
If the last day of this period falls on a Saturday, Sunday or public holiday, or unemployed, it shall be extended until 1er next business day.
If the PSSRB has not replied within 15 days, the convention is approved.
The PSSRB must indicate the reasons for the refusal of registration (for example, failure to comply with a procedural step or failure to comply with the minimum amount of the conventional termination indemnity).
Protected employee
The request for authorization of a conventional break is addressed to the labor inspector from next day the end of the withdrawal period.
The minutes of the CSE: titleContent shall be addressed to the labor inspector with that request.
Who shall I contact
The labor inspector must ensure the parties' freedom of consent and the absence of any link between the contractual termination and the term of office of the protected employee.
In theno response of the labor inspector within 2 months, the application for authorization shall be considered as rejected.
The termination of the employment contract can only intervene the day after the day of authorization given by the labor inspector.
FYI
Everything appeal must be presented in the 2 months after the decision of the labor inspector to the minister responsible for labor. The recourse is not made at labor court council.
During the certification period, the employee continues to work normally.
The end date of the contract is not postponed in case of suspension of the employment contract (e.g. paid leave, sick leave or leave for the death of a relative).
Specific conventional severance pay
Whatever his seniority, the employee whose contractual termination is approved by the DDETSPP: titleContent perceives a specific compensation for conventional breakage.
The allowance may not be less than statutory severance pay or conventional.
The calculation of the specific allowance varies according to the seniority and remuneration of the employee.
The amount of compensation may be estimated using the simulator for calculating the specific compensation for conventional rupture :
Calculate the amount of the conventional termination indemnity
Please note
It is possible to negotiate an amount greater than the amount of the legal or contractual indemnity.
Other allowances
The employee is entitled to all the elements of remuneration due by the employer on the date of termination of the employment contract (salary, bonuses, etc...)..
He perceives a compensatory allowance for paid leave, if he has not taken all the leave acquired on the date of termination of the contract.
The employer shall provide the following documents to the employee:
Please note
When anemployee savings is set up in the company, the employer gives the employee, at the end of the employment contract, a summary of the amounts saved.
The employee who fulfills the conditions, including a minimum period of work, may benefit from the return to work (ARE) allowance.
Everything appeal concerning the Convention, theapproval or the refusal of approval of the conventional termination of an employee must be presented before the labor court council.
The appeal must take place within 12 months from the date of registration or refusal of registration of the Convention of Termination.
The appeal may be presented by the employer or employee.
The conventional break can be canceled by the labor court council if the employee establishes that it was signed when his consent was not free. For example:
- Conventional break signed in a context of psychological harassment
- Employer who exerted pressure to encourage the employee to choose a conventional break.
When conventional rupture is canceled by the labor court council, the employee may receive compensation provided for in the event of wrongful dismissal (without real and serious cause).
Warning
The appeal concerning protected employees fall under the jurisdiction of the Minister of Labor.
Who can help me?
Find who can answer your questions in your region
For information on the entry or transmission of an application, for example, and on labor law
Regional Directorate for the Economy, Employment, Labor and Solidarity (Dreets, former Direccte)For information on labor law (e.g. amount of compensation)
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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